When you are involved in a car accident and suffer injuries, the process of healing can vary in length and complexity. In the context of personal injury claims, especially after a car crash, Maximum Medical Improvement (MMI) is an important concept. It refers to the point at which a doctor determines that a patient’s condition has stabilized and is unlikely to improve further with medical treatment, even if they continue receiving care.
This concept is crucial for understanding a car crash claim’s value. It influences when to begin settlement negotiations and how much compensation is justified. It also determines whether further medical treatment is necessary.
Legal Definition of Maximum Medical Improvement
MMI is defined as the stage at which an injured person has reached the highest level of recovery they are likely to achieve following their injury. It doesn’t mean that the individual has fully recovered or is no longer experiencing symptoms. Rather, MMI signifies that any additional treatment is unlikely to lead to significant improvement in the person’s condition.
For example, someone who has sustained spinal injuries in a car accident might continue to experience chronic pain or limitations even after surgeries, physical therapy, and other medical interventions. When their condition reaches a plateau where further improvement isn’t expected, their doctor may declare that they have reached MMI. The person may still require ongoing care to manage pain or prevent further deterioration, but their injury has essentially stabilized.
Why MMI is Important in Car Crash Claims?
In car accident injury claims, reaching MMI is a key milestone because it provides a clearer picture of the long-term consequences of the injury. Knowing when a patient has reached MMI helps:
Assess Permanent Impairment
Once MMI is reached, doctors may evaluate whether there is any permanent impairment or disability. This assessment often uses a guide like the American Medical Association’s Guides to the Evaluation of Permanent Impairment. The degree of impairment can significantly affect compensation amounts, reflecting the long-term impact on quality of life and work ability.
Calculate Future Medical Costs
Reaching MMI allows for a more accurate projection of future medical expenses. For example, an individual with permanent back pain may require ongoing physical therapy or medication, but the cost of future treatments can be calculated based on the level of improvement already achieved.
Initiate Settlement Negotiations
Insurance companies often wait until an injured person reaches MMI before engaging in serious settlement negotiations. The reason is that MMI provides a clearer sense of the individual’s long-term medical needs and associated costs. If negotiations start before MMI is reached, it can be difficult to estimate the full extent of the injury and future expenses, which may lead to inadequate compensation.
Determine Pain and Suffering Damages
The level of physical pain, emotional distress, and loss of enjoyment of life can be evaluated more precisely after MMI. If an injury results in long-term pain or disability, the compensation for pain and suffering will typically be higher. MMI provides clarity on whether an injury will have lasting effects, which can enhance or diminish the value of the pain and suffering claim.
Factors that Influence the Timing of Maximum Medical Improvement
Several factors can influence when a person reaches MMI, including:
- The Nature of the Injury: Severe injuries such as spinal cord damage, traumatic brain injuries (TBI), or multiple fractures may take months or even years to reach MMI. In contrast, less severe injuries, such as soft tissue damage, may reach MMI much sooner.
- Medical Treatment: The type and duration of medical treatment received will also affect how quickly MMI is reached. Surgical interventions, rehabilitation programs, and pain management strategies can all extend the recovery period before MMI is achieved.
- Personal Health: An individual’s overall health, age, and pre-existing conditions can either accelerate or slow down the recovery process. Younger and healthier individuals may reach MMI faster than those with chronic health issues.
Can You Settle a Car Crash Claim Before Reaching MMI?
Legally, you can settle a car crash claim before reaching maximum medical improvement (MMI), but it’s not wise. Settling before MMI may lead to inadequate compensation since the full extent of your injuries isn’t clear. If you settle too soon, you waive your right to seek additional compensation for future medical bills, lost wages, or pain and suffering.
If you settle a claim before discovering your injury needs future surgery or rehabilitation, you will cover those costs out-of-pocket. This is why experienced personal injury attorneys generally recommend waiting until you have reached MMI before finalizing any settlement.
How Attorneys Use MMI in Car Crash Claims
Personal injury attorneys use MMI as a critical tool in building a case for fair compensation. By waiting until MMI is reached, attorneys can:
- Accurately Quantify Damages: Attorneys rely on medical professionals’ assessments of MMI to quantify not only current medical bills but also future medical costs, lost wages due to long-term disability, and compensation for ongoing pain and suffering.
- Negotiate from a Position of Strength: Once MMI is reached, the attorney can approach insurance companies with a complete understanding of the injury’s impact on their client’s life. This puts them in a stronger position to negotiate a fair settlement that reflects all the damages.
- Prepare for Trial: If the insurance company does not offer a reasonable settlement, reaching MMI allows the attorney to present clear, evidence-backed information about the injury’s long-term consequences in court. MMI assessments from medical professionals provide solid testimony that helps juries understand the severity and permanence of the injury.
Exceptions to Maximum Medical Improvement
There are cases where a car crash victim might not reach MMI before a case is resolved. For instance:
- Uncertain Prognosis: In rare cases, the injury may be so severe that a person may never reach a definitive stage of MMI because their condition fluctuates.
- Urgent Financial Need: Some victims may be forced to settle before reaching MMI due to financial pressures, particularly if they are unable to work and cannot afford to wait for a resolution. In such cases, attorneys might negotiate a settlement based on future projections of medical needs. Although this approach is riskier and less precise than waiting for MMI.
Our Seasoned Alabama Car Accident Lawyers Will Fight to Maximize Your Compensation
If you’ve been injured in an Alabama car accident, don’t settle for less or let the insurance company intimidate you. Smith Law Firm, named among the Top 100 Trial Lawyers in Alabama, combines loyalty to our community with strong legal representation
Our Alabama car accident attorneys are here to make a positive impact on your life during this challenging time. Reach out to us today and let us fight for the highest possible financial compensation you deserve. To schedule your free consultation, call us at 334-702-1744 or contact us online.